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Summary Judgment

The Court requires strict compliance with Local Rule 56.1 in the briefing of all summary judgment motions (except Social Security cases) in consent cases before Judge Holleb Hotaling.

Judge Holleb Hotaling disfavors motions to strike all or portions of an opposing party’s Rule 56.1 submission. Under all but the most extraordinary circumstances, if a party contends that its opponent has included inadmissible evidence, improper argument, or other objectionable material in a Rule 56.1 submission, the party’s argument that the offending material should not be considered should be included in its response or reply brief, not in a separate motion to strike.  The matter will then be considered by the Court when it renders a decision on the matter.

All statements of undisputed material facts offered by the moving party under Local Rule 56.1(a)(3), or statements of additional facts offered by the opposing party under Local Rule 56.1(b)(3)(C), must list the facts in short, numbered paragraphs that refrain from argument.  Argument must be reserved for the moving party’s memorandum of law.  Each numbered fact statement must contain a specific citation to affidavits, depositions or other materials that support the fact statement, as well as to the tab(s) in the compendium where those materials may be found.  Failure to provide support for a statement of fact may result in that alleged fact being disregarded.  Friend v. Valley View Community Unit School Dist. 365U, 789 F.3d 707, 710-11 (7th Cir. 2015).

In accord with Local Rule 56.1, absent prior leave of Court, a movant shall not file more than 80 separately numbered statements of undisputed material fact, and a party opposing a summary judgment motion shall not file more than 40 separately numbered statements of additional facts under Local Rule 56.1(b)(3)(C).

A complete courtesy copy of all summary judgment filing and supporting materials, including the compendium of exhibits – as required by Local Rule 56.1(a)(1)-(3) – or in opposition to the motion, including exhibits – as required by Local Rule 56.1(b)(1)-(3) – must be delivered to Judge Holleb Hotaling’s Chambers the next business day following the CM/ECF filing. The parties should not submit a cover letter with their courtesy copy.




Note: The court does not control nor can it guarantee the accuracy, relevance, timeliness, or completeness of this information. Neither is it intended to endorse any view expressed nor reflect its importance by inclusion in this site.
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